Glasgow & West Scotland

David Hynds wins £70,000 over work accident

An engineer who was trapped after a one tonne cutting tool fell on him has been awarded £70,000 compensation.

David Hynds suffered a compression deformity of the spine in the accident at a forge in Lincoln in 2008.

The 52-year-old, from Kilbarchan, was made later redundant by Renfrewshire engineering firm David Reekie and Sons.

He sued the company, which admitted liability, for £500,000 compensation. A court has now awarded the lesser sum for his pain and suffering.

Mr Hynds will also receive further compensation for loss of earnings and pension although final details have yet to be arrived at.

The Court of Session in Edinburgh was told that the cutting tool fell from a height of about four metres and landed on Mr Hynds, trapping him between a girder support and the ground.

No diagnosis

As he tried to free himself the girder support fell away, leaving the weight of the cutting tool pressing him directly against the ground.

Mr Hynds managed to slide out from under the equipment after about five minutes of struggling.

Following the accident he was taken to Lincoln County Hospital for X-rays which showed no signs of fractures.

He was thought to have suffered a soft tissue injury and encouraged to go back to work.

A similar assessment of his condition was made at the Royal Alexandria Hospital in Paisley when he came back to Scotland a few days later.

He was told to take painkillers and that he could carry out light work.

The court was told that in March 2009 Mr Hynds stopped working because of the pain he was suffering.

A subsequent MRI scan showed he had a compression deformity of the spine which would require major reconstructive surgery to correct it.

Mr Hynds was made redundant in 2010 but sought £500,000 compensation from his employers.

Issuing his judgement, Lord Glennie said of Mr Hynds: "There is no doubt that he sustained a serious and life threatening injury."

'Impressive witness'

The judge said: "The extent and severity of his injuries were not immediately recognised."

Lord Glennie continued: "He was to my mind an impressive witness. As his record shows, he is intelligent and enterprising."

The judge added: "I did not gain the impression that he was in any way exaggerating the impact which the accident had had on him, both physically and psychologically.

"If anything, he tended to downplay the very serious effects of what had happened and the way it was affecting his life."

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